Federalism Research Paper

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Federalism and the Authority Over Education: Unpacking Constitutional Authority Lauren A. Dalrymple Department of History, California State University San Marcos Political Science 100-04: U.S. Government & Politics Professor Rebecca Simpson October 30, 2023

Federalism and the Authority Over Education: Unpacking Constitutional Authority The United States political system is fundamentally shaped by federalism, a system of government in which power is divided between the national government and state government. (Simpson, 2023, p. Federalism) Within this system, there is uncertainty surrounding the governmental control of education, given the Constitution’s absence of explicit guidance. This paper dives into the details of federalism and, more specifically, the constitutional debate of who has control of educational policies. The main question I aim to answer is whether the United States Constitution gives the federal government or individual states the primary responsibility for education. Federal Government Argument The United States Constitution does not explicitly mention education and per the Tenth Amendment, which states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." (N.C.C.,2023) Because of this, the responsibility for education has primarily been left to the states. However, over the years, the federal government has become more involved in education, mainly through legislation and funding, due to concerns about equal opportunities and the desire to set minimum standards nationwide. One of the most significant federal involvements in education comes from the 14th Amendment, more specifically, the Equal Protection Clause, which prohibits states from denying any person within its jurisdiction the equal protection of the laws. (Simpson, 2023, p. Federalism) The federal government has passed several significant laws related to education. Some of these laws aim to address topics such as funding, civil rights, and access to education for specific groups or to set standards and accountability. Quite possibly, the most well-known case passed by the Supreme Court is that of Brown V. Board of Education. It states: "We conclude that in the field of public education, the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal…by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the 14th Amendment." (Johnson, 2017)

The federal government is also responsible for the No Child Left Behind Act of 2001. With the passing of this law, the federal government's involvement in education has increased significantly. This law altered the federal government's involvement in K-12 education by mandating schools to show academic success for every student. (C.D.E.,2022) Another central area that the federal government is involved with concerning education is the Higher Education Act of 1965. "The purpose of the Higher Education Act was to strengthen the educational resources of our colleges and universities and to provide financial assistance to students in postsecondary and higher education. The legislation enabled many to attend college who would not otherwise have had the chance." (U.W., 2023) The last law the federal government passed that I will discuss is the Family Educational Rights and Privacy Act of 1974. "The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children's education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records." (U.S.D.E., 2023) However, after the student reaches eighteen years of age or goes to a postsecondary school, the rights fall from the parents to the student. While education has historically been a responsibility of state and local governments, there are arguments in favor of the federal government having a more controlling role in education. For example, with more control, the federal government can help ensure that students from all states and cultural backgrounds have equal access to quality education, regardless of where they come from. This can help bridge the educational gaps across the nation. Along with ensuring equality, a federal role in education can set a consistent standard for all schools in the United States. This would further ensure that students receive a similar quality of education. One could argue that the writers of the Constitution give the federal government general control when they say, "promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity" in the U.S. Constitution. (N.C.C.,2023)The argument here would be that it is in the general welfare of the people to have equal opportunities for quality education.

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One could also argue that the General Welfare Clause in Article 1, Section 8 of the Constitution gives the federal government the responsibility for education because education is vital for the well-being and progress of any nation. A well- educated country is better equipped to make informed decisions, participate effectively in politics, and contribute positively to the economy. In conclusion, the role of the federal government in education is essential for developing national progress. Ensuring that educational standards, resources, and opportunities remain consistent and accessible across the nation is a foundational responsibility. By examining how the federal government gets involved in education, we see how it can help make things fair for everyone and bring people together. State Government Argument State Government Argument Education is not explicitly mentioned as a federal government responsibility in the United States Constitution, as mentioned previously. Instead, the Tenth Amendment says that powers not delegated to the federal government, nor prohibited by it to the states, are reserved for the states or the people. (N.C.C.,2023) This fundamental principle highlights not only the historical reasonings but also the Constitutional reasoning for positioning education predominantly within the oversight of the state governments. Historically, state governments have controlled education because they wanted policies to fit their unique communities. (Lawler, 2016) From the start, as states were established, they set up their own school systems based on local needs and values. This local focus allowed them to quickly adjust to what their communities wanted. Many state laws also directly stated that it was the state's job to manage public education. (C.L.S., 2022) While the federal government has played a role in education, ultimately, it has been a matter for the states. States often argue that they are more attuned to the specific needs, challenges, and cultural needs of their local communities than the federal government. This belief in local control allows each state government to craft custom curricula, policies, and initiatives that are closely aligned with community values and needs. (F.L., 2018) Being closer to the ground, state and local governmental agencies can quickly adapt

to new educational challenges based on feedback they receive from teachers, parents, and students. Many State Constitutions have clear stipulations outlining the state's responsibility towards public education. These Constitutions stress the idea that it is not just the state's duty but its obligation to guarantee every child has access to a free public education of a certain quality. (U.S.D.E., 2018) This commitment at the State Constitutional level shows the importance states place on education and shaping the future of their communities. The funding for public education is heavily relied upon by state and local resources, with some supplemental federal funding. These governmental bodies share the educational funding responsibility and advocate for a voice in educational decisions that match their financial contributions. Due to funding formulas determined by the state, districts with limited revenue-raising capacities often receive a larger share of state funding. Similarly, districts with a higher number of English- language learners, students from low-income families, or those with special needs tend to get more state support. These programs establish a basic funding amount per student and ensure that each district meets that amount. They also adjust funds for students with greater needs, like those with lower incomes or disabilities. (P.G.P.F, 2018) In conclusion, the United States is diverse, with every state having varying and unique educational needs. Because the U. S. Constitution gives the states power over areas it doesn't specifically mention, per the Tenth Amendment, the states have taken the lead and made decisions based on what they believe would benefit their people the most. My Side: The Case for State Government Authority in Education At the heart of the American governmental structure lies Federalism, a system that divides powers between the national government and individual states. (Simpson, 2023, p. Federalism) Grounded in this framework, the Tenth Amendment of the U.S. Constitution says that any power not expressly granted to the federal government is reserved for the states. (N.C.C.,2023) The omission of education from federal government control in the Constitution, by default, places that control with the state governments. This aspect of Federalism makes sure that education remains adaptable and able to be tailored to the specific needs and values of each state and its communities.

The knowledge of each state-specific educational needs allows state governments to serve their communities better. This intimate knowledge that the states possess and their unique approaches to education are hard to achieve at the national level, and this enables state governments to adapt more quickly to changing circumstances, unlike their federal government counterparts. This flexibility and direct accountability of teachers and local policymakers ensures a more effective educational system. In conclusion, the principles of Federalism and the Tenth Amendment of the United States Constitution support the notion of state control over education. By giving the state governments this responsibility, the framers of the Constitution recognized the value of localized, adaptable, and community-minded education. State governments have close ties to the people they serve and are inherently best suited to create and control their own educational journeys.

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References C.D.E. (2022, September 9). No Child Left Behind - CalEdFacts. California Department of Education. Retrieved October 27, 2023, from https://www.cde.ca.gov/nclb/sr/pc/ cefnclb.asp#:~:text=It%20changed%20the%20federal%20government's,academ ic%20achievement%20of%20every%20student. C.L.S. (2016). Education Law: An Overview. Cornell Law School. Retrieved October 29, 2023, from https://www.law.cornell.edu/wex/ education#:~:text=The%20states%2C%20however%2C%20have%20primary,childr en%20may%20receive%20an%20education. F.L. (2018, March 16). The Roles of Parents and Local Governments in Education. Find Law. Retrieved October 29, 2023, from https:// www.findlaw.com/education/curriculum-standards-school-funding/who-has- educational- authority.html#:~:text=The%20city%20or%20district%20level,some%20of%20 the%20required%20curricula. Johnson, S. F. (2017, April 20). The 14th Amendment Protects the Right to a Public Education. Concord Law School. Retrieved October 27, 2023, from https://www.concordlawschool.edu/blog/constitutional-law/14th- amendment-protects-rights-education/ Lawler, J. (2016, September 22). States should control education standards. Daily Trojan. Retrieved October 29, 2023, from https:// dailytrojan.com/2016/09/22/states-control-education-standards/ #:~:text=By%20maintaining%20local%20control%20over,government%20would% 20be%20able%20to. N.C.C. (2023). The United States Constitution. National Constitution Center. Retrieved October 27, 2023, from https:// constitutioncenter.org/the-constitution/full-text P.G.P.F (2023, August 25). HOW IS K-12 EDUCATION FUNDED? Peter G. Peterson Foundation. Retrieved October 29, 2023, from https:// www.pgpf.org/budget-basics/how-is-k-12-education-funded Simpson, R. (2023). Federalism [Lecture Notes]. U.S.D.E. (2018). Free Appropriate Public Education for Students With Disabilities: Requirements Under Section 504 of The Rehabilitation Act of 1973. U.S. Department of Education. Retrieved October 29, 2023, from https://www2.ed.gov/about/offices/list/ocr/docs/edlite- FAPE504.html U.S.D.E. (2023). Protecting Students Privacy: What is FERPA. U.S. Department of Education. Retrieved October 27, 2023, from https:// studentprivacy.ed.gov/faq/what- ferpa#:~:text=The%20Family%20Educational%20Rights%20and,identifiable%2 0information%20from%20the%20education

UW (2023). HIGHER EDUCATION ACT 1965. University of Wyoming. Retrieved October 27, 2023, from https://www.uwyo.edu/stateauth/higher-ed-act/ index.html#:~:text=The%20purpose%20of%20the%20Higher,otherwise%20have% 20had%20the%20chance.

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